Civil litigation
Sheianov v Sarner International Ltd — [2020] WLR(D) 288
LIEN — Common law — Possessory lien — Defendant carrying out work to create exhibition incorporating vintage motorcycles lent to it for the purpose — Defendant’s invoice not paid by client — Defendant retaining motorcycles as security for payment — Claimants claiming to own motorcycles and seeking order for delivery up — Whether defendant entitled to retain motorcycles pursuant to particular lien at common law
Read more...
Civil litigation
AXA Insurance UK Ltd v EUI Ltd (t/a Elephant Insurance) — [2020] WLR(D) 286
ROAD TRAFFIC — Third party insurance — Insurer’s liability — Customer of garage driving courtesy car while own car repaired — Customer having road traffic collision on way home from work — Whether customer’s liability for collision to be indemnified equally by insurer of courtesy car and insurer of customer’s own car — Whether use at time of collision “social, domestic and pleasure use” — Whether courtesy car “private motor car”
Read more...
Civil litigation
Glencairn IP Holdings Ltd v Product Specialities Inc (t/a Final Touch) — [2020] WLR(D) 278
SOLICITOR — Duty — Confidential information — Disclosure of claimants’ privileged confidential information during mediation or settlement discussions in previous litigation to solicitors subsequently representing defendants in present proceedings — Judge refusing claimants’ application for order restraining solicitors from continuing to act — Whether true fiduciary relationship required — Whether risk of misuse of confidential information and prejudice to claimant — Whether judge applying correct test and applying discretion correctly
Read more...
Commercial
Competition and Markets Authority v Flynn Pharma Ltd (European Commission intervening) — [2020] Bus LR 803
COMPETITION — Abuse of dominant position — Unfair price — Case law establishing prices abusive if excessive and unfair — Correct methodology to determining whether prices excessive — Whether competition authority required to construct hypothetical benchmark price — Whether two tests for determining unfairness mutually exclusive — Nature and extent of competition authority’s duty to evaluate evidence adduced by undertaking — Competition Act 1998 (c 41), s 18 — FEU Treaty, art 102
Read more...
Commercial
Punch Partnerships (PTL) Ltd v The Highwayman Hotel (Kidlington) Ltd (Office of the Pubs Code Adjudicator intervening) — [2020] WLR(D) 250
ARBITRATION — Award — Serious irregularity — Pubs Code Adjudicator — Tied pub tenant contending terms of new lease offered by landlords unreasonable and referring matter to adjudicator for arbitration — While arbitration ongoing adjudicator in exercise of regulatory function requiring landlords to supply information as to general policy on length of leases — Adjudicator disclosing information to tied tenant in arbitration — Adjudicator subsequently holding terms of proposed lease unreasonable and ordering landlords to offer lease for minimum five-year period — Whether having acquired information adjudicator under obligation to recuse herself — Whether commercially sensitive information obtained by adjudicator in exercise of regulatory function disclosable to party in arbitration — Whether adjudicator having power to order lease of particular length — Whether serious irregularity affecting adjudicator’s award — Small Business, Enterprise and Employment Act 2015 (c 26), s 43(4) — Arbitration Act 1996 (c 23), s 68 — Pubs Code etc Regulations (SI 2016/790), reg 32
Read more...
Commercial
Ministry of Defence and Support for Armed Forces of the Islamic Republic of Iran v International Military Services Ltd — [2020] 1 WLR 1726
EUROPEAN UNION — Common foreign and security policy — Restrictive measures — Defendant prevented from paying arbitration awards by subsequent European Union sanctions against claimant — Sanctions regime preventing claimant as designated entity from obtaining satisfaction of any “claims in connection with any contract or transaction” whose performance affected by sanctions — Whether court required to refuse enforcement of interest accruing on arbitration awards during sanctions period — Council Regulation (EU) No 267/2012, arts 1(c), 38
Read more...
Costs
Davey v Money — [2020] 1 WLR 1751
COSTS — Discretion of court — Application against non-party — Successful party applying for non-party costs order against losing party’s commercial litigation funder — Whether funder’s liability for successful party’s costs to be limited to level of funding provided — Senior Courts Act 1981 (c 54), s 51(1)(3) (as substituted by Courts and Legal Services Act 1990 (c 41), s 4(1) and amended by Crime and Courts Act 2013 (c 22), s 17, Sch 9, para 29(a), Sch 10, para 61(2))
Read more...
Crime
R v Bartell (Robert) — [2020] WLR(D) 287
CRIME — Sentence — Firearms offences — Mandatory sentence — Whether exceptional circumstances applying — Whether fact of offender lacking criminal background and having interest as a hobby amounting to “exceptional” circumstances — Proper test to be applied — Firearms Act 1968 (c 27), ss 5, 51A (as inserted by Criminal Justice Act 2003 (c 44), ss. 287, 336)
Read more...
Crime
R v Manning (Christopher) — [2020] WLR(D) 284
CRIME — Sentence — Sexual offences — Whether impact of Covid-19 emergency relevant to consideration of imposition of suspended term of imprisonment
Read more...
Crime
R v Roddis (Nicholas) — [2020] 4 WLR 69
CRIME — Evidence — Fresh evidence — Defendant planting hoax bomb on bus, collecting chemicals to make explosive and watching extremist material — Defendant denying intention to engage in terrorist activity or access bomb-making websites — Defendant not diagnosed with mental disorder but immature, psychologically vulnerable and possible fantasist whose personality abnormalities intensifying nearer trial — Whether defendant intending others on bus to believe hoax bomb genuine and likely to explode causing damage or injury — Whether defendant intending to commit terrorist acts and acting in way preparatory to committing terrorist acts — Defendant convicted and diagnosed post-trial with autistic spectrum disorder — Whether post-trial diagnosis of autistic spectrum disorder impacting on conduct of defendant’s defence at trial so as to affect safety of conviction — Criminal Appeal Act 1968 (c 19), s 23 (as substituted by Criminal Appeal Act 1995 (c 35), Pt 1, ss 4(1)(a)(b), 6, Sch 2, para 4(3) and Criminal Justice and Immigration Act 2008 (c 4), Sch 8(1), para 10(3))
Read more...
Crime
R v Mustafa (Mehmet) — [2020] WLR(D) 280
ENVIRONMENT — Protection — Waste — Defendants directors of company operating facility for storage and treatment of waste wood — Company registering operation at site as “exempt facility” but repeatedly exceeding permitted quantities of waste wood to be stored — Exemption removed from register and defendants charged with offence arising from commission of offence by body corporate — Whether company’s operation being “exempt facility” — Whether operation ceasing to be “exempt facility” — Whether operation becoming regulated facility requiring environmental permit — Environmental Permitting (England and Wales) Regulations 2010 (SI 2010/675), regs 5, 8(1)(b), 12, 38, Sch 2, paras 3(1), 6, 7
Read more...
European Union
Orde van Vlaamse Balies v Ministerraad — [2020] WLR(D) 285
EUROPEAN UNION — Insurance — Legal expenses insurance — Right to select legal representative in proceedings — Whether “proceedings” including judicial or extra-judicial mediation proceedings — Parliament and Council Directive 2009/138/EC, art 201(1)(a)
Read more...
European Union
Revenue and Customs Comrs v Dakneviciute — [2020] PTSR 790
EUROPEAN UNION — Freedom of establishment — Right to reside — Union citizen residing in host member state giving up self-employment due to physical constraints in late stages of pregnancy and aftermath of childbirth — Claim for child benefit refused on grounds claimant no longer having requisite “right of residence” — Whether claimant retaining status of being self-employed — FEU Treaty, art 49FEU
Read more...
European Union
Hochtief Solutions AG Magyarországi Fióktelepe v Fővárosi Törvényszék — [2020] 1 WLR 1665
EUROPEAN UNION — Breach of European Union law — Scope of state liability — Liability for damages for infringement of Union law by national courts or tribunals — Court of Justice judgment in proceedings leading to national judgment — Court of final instance refusing to submit request to Court of Justice for preliminary ruling and dismissing application for review — Whether court of final instance committing breach of EU law capable of forming basis of obligation to compensate claimant — Whether national court required to uphold application for review of judgment
Read more...
Family
C v C — [2020] 1 WLR 1711
CHILDREN — Parentage — Declaration of status — Latvian court making declaration that man domiciled in Jersey father of child domiciled in Latvia — Jersey court subsequently ordering man to make financial provision for child — Whether man parent of child for purposes of Jersey law — Whether principle of jurisdictional reciprocity requiring Jersey court to recognise Latvian court’s declaration of man’s parentage — Family Law Act 1986 (c 55), s 55A (as inserted by Child Support, Pensions and Social Security Act 2000 (c 19), s 83(2) and amended by Crime and Courts Act 2013 (c 22), s 17, Sch 11, para 97)
Read more...
Land law
LM Homes Ltd v Queen Court Freehold Co Ltd — [2020] 2 WLR 1135
LANDLORD AND TENANT — Collective enfranchisement — Tenants’ right to acquire reversion — Tenants claiming to exercise right to collective enfranchisement of block of flats — Whether tenants entitled to acquire leases of airspace, basement and sub-soil — Whether airspace and sub-soil part of “premises” — Whether part of “building” — Whether airspace, basement and sub-soil “common parts” — Whether acquisition of such leases reasonably necessary for proper management or maintenance of common parts — Leasehold Reform, Housing and Urban Development Act 1993 (c 28), ss 1(1), 2(3), 3(1), 101(1)
Read more...
Land law
Open Spaces Society v Secretary of State for Environment, Food and Rural Affairs — [2020] WLR(D) 279
HIGHWAY — Public path — Diversion order — Claimant challenging inspector’s decision confirming public path diversion order — Whether inspector wrongly balancing benefit of diversion to landowner against other factors in deciding whether expedient to confirm order — Highways Act 1980 (c 66), s 119(1)(6) (as amended by Wildlife and Countryside Act 1981 (c 69), Sch 16, paras 5(1), 10(1), Countryside and Rights of Way Act 2000 (c 37), Sch 6, Pt 1, para 9(2) and Restricted Byways (Application and Consequential Amendment of Provisions) Regulations 2006 (SI 2006/1177), regs 1(2)(4), 2)
Read more...
Public law
Gluck v Secretary of State for Housing, Communities and Local Government — [2020] PTSR 834
PLANNING — Development — Permitted development — Claimant applying to local planning authority for determination as to whether prior approval required — Authority refusing prior approval after specified period having expired — Claimant appealing on basis that expired time period incapable of being extended — Whether expired time period capable of being extended — Whether extension requiring to be agreed by both parties in writing — Town and Country Planning (General Permitted Development) (England) Order 2015 (SI 2015/596) (as amended by Town and Country Planning (General Permitted Development) (England) (Amendment) Order 2016 (SI 2016/332), art 7), arts 3(1)(2), 7, Sch 2, Pt 3, Class O, para X
Read more...
Public law
R (D) v Hackney London Borough Council — [2020] WLR(D) 283
EDUCATION — Local education authority — Duty to make special educational provision — Local authority adopting policy for providing “top-up” funding for special educational provision by reference to five banded resource levels and subsequently deciding to reduce each resource level by 5% — Whether policy contrary to statutory requirements — Whether duty to consider sufficiency of provision — Whether duty to consult on reduction in resource levels — Children and Families Act 2014 (c 6) (as amended by Care Act 2014 and Children and Families Act 2014 (Consequential Amendments) Order 2015 (SI 2015/914), Sch 1, para 97), ss 27, 37
Read more...
Public law
Short v Government of the Falkland Islands (No 2) — [2020] 4 WLR 68
EXTRADITION — Reporting restrictions — Anonymisation — Extradition appeal — Accused unsuccessful in appeal against extradition — Whether accused and family members to be anonymised in appeal judgment — Human Rights Act 1998 (c 42), s 12, Sch 1, Pt I, arts 8, 10, 12
Read more...
Public law
BM v Republic of Ireland (No 2) — [2020] 4 WLR 70
EXTRADITION — Reporting restrictions — Anonymisation — Extradition appeal — Requested person successful in appeal against extradition — Whether requested person and family members to be anonymised in appeal judgment
Read more...
Public law
R (Bank Renewables Ltd) v Secretary of State for Business, Energy and Industrial Strategy — [2020] WLR(D) 281
JUDICIAL REVIEW — Judgment — Settlement of claim — Judgment in public law claim yet to be submitted in draft for consideration by parties — Parties proposing to settle by withdrawing claim on basis judgment not to be delivered — Whether judgment to be handed down
Read more...
Public law
Delta Antrepriză de Construcţii şi Montaj 93 SA v Compania Naţională de Administrare a Infrastructurii Rutiere SA — [2020] PTSR 777
EUROPEAN UNION — Public procurement — Contract awards procedure — Claimant lead contractor in first consortium — Municipality awarding first works contract to consortium — Municipality terminating contract early on ground that consortium using subcontractor without municipality’s prior authorisation — Report stating contract terminated early on account of misconduct — Claimant part of second consortium rejected for another contract — Whether “significant or persistent deficiencies in performance of substantive requirement under prior public contract” — Parliament and Council Directive 2014/24/EU, recital (102), art 57(4)(g)
Read more...
Public law
R (Ross (on behalf of Stop Stansted Expansion)) v Secretary of State for Transport — [2020] PTSR 799
PLANNING — Nationally significant infrastructure project — Alteration of airport — Application for planning permission for new taxiway links and aircraft stands at airport — Whether proposals involving “alteration” of runway — Whether nationally significant infrastructure project requiring determination at national level — Planning Act 2008 (c 29) (as amended by Growth and Infrastructure Act 2013 (c 27), ss 26(2)), ss 23, 35
Read more...
Public law
R (Palestine Solidarity Campaign Ltd) v Secretary of State for Communities and Local Government — [2020] 1 WLR 1774
PENSIONS — Pension scheme — Local government pension scheme — Secretary of State publishing statutory guidance for authorities administering local government pension scheme — Guidance prohibiting authorities from pursuing pension policies contrary to Government foreign or defence policy — Whether Secretary of State acting beyond powers conferred by enabling legislation — Whether guidance lawful — Public Service Pensions Act 2013 (c 25), s 3, Sch 3, para 12 — Local Government Pension Scheme (Management and Investment of Funds) Regulations 2016 (SI 2016/ 946), reg 7(2)(e)
Read more...
Public law
AM (Zimbabwe) v Secretary of State for the Home Department — [2020] 2 WLR 1152
IMMIGRATION — Asylum — Inhuman and degrading treatment — Secretary of State seeking removal of seriously ill foreign national to state with reduced quality of medical care — Whether removal capable of amounting to inhuman and degrading treatment if death not imminent — Human Rights Act 1998 (c 42), Sch 1, Pt I, art 3
Read more...
Public law
Devani v Secretary of State for the Home Department — [2020] WLR(D) 276
TRIBUNAL — First-tier Tribunal — Practice and procedure — Slip rule permitting First-tier Tribunal to correct accidental slip or omission in “decision or record of a decision” — Whether First-tier Tribunal able to use slip rule to correct mistake in formal notice of decision — — Whether if slip corrected on appeal Upper Tribunal should consider challenge to substantive point — Tribunal Procedure (Upper Tribunal) Rules 2008 (SI 2008/2698), r 24 — Tribunal Procedure (First-tier Tribunal (Immigration and Asylum Chamber) Rules 2014 (SI 2014/2604), r 31
Read more...
Tax
Scott v Revenue and Customs Comrs — [2020] 4 WLR 72
REVENUE — Capital gains tax — Corresponding deficiency relief — Taxpayer entitled to set off corresponding deficiency relief against income so as to reduce chargeable rate for income tax from higher rate to basic rate — Whether taxpayer similarly entitled to set off corresponding deficiency relief in respect of capital gains tax — Taxation of Chargeable Gains Act 1992 (c 12), ss 4(4), 6(2) — Income Tax (Trading and Other Income) Act 2005 (c 5), s 539
Read more...
Tax
ITC (NE) Ltd v Revenue and Customs Comrs — [2020] 4 WLR 71
REVENUE — Customs and Excise — Fuel duty — Revenue suspecting taxpayer using rebated kerosene in vehicles — Revenue allegedly not complying with statutory requirements when taking samples from taxpayer’s vehicles — Results of analysis of samples not admissible in civil proceedings under Customs and Excise Acts 1979 unless requirements complied with — Whether taxpayer’s appeals against assessment to excise duty and related penalty constituting proceedings under Customs and Excise Acts 1979 — Whether First-tier Tribunal wrong to admit evidence as to analysis of fuel samples — Hydrocarbon Oil Duties Act 1979 (c 5) (as amended by Finance Act 2000 (c 17), s 8(3)), ss 13(1A), Sch 5, para 2(1)
Read more...
Tax
YMCA Birmingham v Revenue and Customs Comrs — [2020] WLR(D) 282
REVENUE — Value added tax — Exemptions — Charitable organisations contracting with local authorities to supply housing related support services to vulnerable persons — Revenue determining supply qualifying for VAT exemption as supply of welfare service by charity — Whether exemption applying in relation to contract for supply of services for benefit of third parties — Value Added Tax Act 1994 (c 23), Sch 9, Group 7, item 9 (as substituted by Value Added Tax (Health and Welfare) Order 2002 (SI 2002/762), art 4)
Read more...
Trusts and Chancery
In re Debenhams Retail Ltd — [2020] Bus LR 788
INSOLVENCY — Administration — Debts or liabilities incurred by administrator — Government scheme to fund or reimburse percentage of salaries of employees furloughed during Covid-19 pandemic — Company in administration participating in scheme — Whether by paying furloughed employees amounts claimed under scheme administrators adopting employees’ contracts of employment — Insolvency Act 1986 (c 45), Sch B1, para 99(5)
Read more...
Trusts and Chancery
In re G & G Properties Ltd — [2020] Bus LR 762
COMPANY — Unfair prejudice — Petition — Allegations of breach of duty made against directors in points of claim but not in petition — Whether petition to be struck out — Companies Act (c 46), s 994
Read more...
|
|
|
|
